CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Minutes
September 13, 2016
Consent Agenda
TO:

Honorable Mayor and City Council Members

SUBMITTED BY:

Ashlee Wright, City Clerk

APPROVED BY:

Chip Rerig, City Administrator

SUBJECT:

Consider and approve draft minutes for the Special Council Meeting held August 1,
2016 and the draft minutes for the Regular Council Meeting held August 2, 2016.

RECOMMENDATION
Approve the minutes for the Special Council Meeting held August 1, 2016 and the draft minutes for the Regular
Council Meeting held August 2, 2016.
ATTACHMENTS
1. Draft minutes for the Special Council Meeting August 1, 2016
2. Draft minutes for the Regular Council Meeting August 2, 2016

MINUTES
CITY COUNCIL WORK STUDY SESSION
CARMEL-BY-THE-SEA
Monday, August 1, 2016

CLOSED SESSION
Mayor Dallas called the meeting to order at 3:01 p.m.
ROLL CALL
Present:
Councilmembers Hardy, Richards, Theis, and Mayor Dallas
Absent:

Councilmember Reimers

Staff:

Chip Rerig, City Administrator

Don Freeman, City Attorney
Mike Calhoun, Public Safety Director
Ashlee Wright, City Clerk

Public Appearances None

Mayor Dallas announced the Closed Session items.
Item A:

CONFERENCE WITH LABOR NEGOTIATORS

Pursuant to Government Code Section 54957.8
Agency Designated Representatives: Zutler
Employee Organization: General Employees, Police, Ambulance

Item B:

LITIGATION ONE MATTER

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Pursuant to subdivision (b) of Government Code Section 54956.9: 1 case Order Instituting
Investigation and Order to Show Cause on the Commissions Own Motion into the Operations
and Practices of Pacific Gas and Electric Company with respect to Facilities Records for its
Natural Gas Distribution System Pipelines.
Investigation 14-11-008 (Filed November 20, 2014)

Item C:

CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION

Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: Jennifer Da Silva, Plaintiff v. City of Carmel-by-the-Sea, Monterey County
Superior Court Case No. M132929

Item D:

CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION

Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: City of Carmel-by-the-Sea, Plaintiff v. Pacific Harvest Seafoods, Inc. - Monterey
County Superior Court Case No. 15CV000014

Item E:

CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION

Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: Simonelli v. City of Carmel-by-the-Sea, United States District Court Case No. C
13-1250 LB

Item F:

CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to subdivision (b) of Government Code Section
54956.9: 3 cases

Public Comments - None

Council adjourned to Closed Session at 3:04 p.m.
OPEN SESSION
Council resumed in Open Session at 4:30 p.m.
Present:

Councilmembers Hardy, Richards, Theis, and Mayor Dallas

Absent:

Councilmember Reimers

Staff:

Chip Rerig, City Administrator

Don Freeman, City Attorney
Mike Calhoun, Public Safety Director
Ashlee Wright, City Clerk
Janet Bombard, Library and Community Activities Director
Sharon Friedrichsen, Director of Budgets and Contracts
Rob Culver, Public Works Superintendent
Mike Branson, City Forester
Maxine Gullo, Human Resources Manager

City Attorney Don Freeman announced that Council received updates on all Closed Session Items and that the
court ruled in favor of the City on Item E.
PUBLIC APPEARANCES
The following members of the public spoke: Delia Bradford.
---End Public Appearances--ORDERS OF BUSINESS
Item 1:
AB 1158 Provide Direction on the Cost of Services Study and Adjustments to Existing Fees.
City Administrator Chip Rerig provided an introduction to the Cost of Services Study and Sharon Friedrichsen,
Director of Budgets and Contracts provided the staff report and the Council reviewed and made
recommendations for the fees department by department.
Administrative Services:
Public Comment:
The following members of the public spoke: Monta Potter
---End Public Comment--Council agreed to accept the staff recommendation for the Administrative Services fees.
Library Services and Public Safety:
Public Comment:

The following members of the public spoke: Monta Potter

---End Public Comment--Council agreed to accept the staff recommendation for Library fees and Public Safety Fees.
Public Works and Community Planning and Building:
Eric Johnson of Cost Revenue Specialists, Sharon Friedrichsen, Director of Budgets and Contracts, and Marc
Wiener, Interim Planning director responded and provided clarification during Council discussion.
Public Comment None
Eric Johnson of Cost Revenue Specialists and Sharon Friedrichsen, Director of Budgets and Contracts
responded and provided clarifications during Council discussion.
Community Activities Fees:
Sharon Friedrichsen, Director of Budgets and Contracts, provided an overview of these fees and stated that the
Car Week fees should not be considered as they were an anomaly.
Council discussion followed.
Public Comment
The following members of the public spoke: Walt DeFaria, Don Rickard, Diane Goillet, Don Hilburn, Carol Hall,
Billie Bowles, Judy Fermin, Susan Burns, Monta Potter, and Stephen Moorer.
---End Public Comment--Eric Johnson of Cost Revenue Specialists and Janet Bombard, Library and Community Activities Director,
responded to questions and provided clarifications during Council discussion.
Action: Council directed staff to bring back Administrative Services, Library, and Public Safety fees for final
approval, to conduct further research on Community Planning and Building and Community Activities fees, and
to return to Council with a menu of options for those fees, including the number of years the fees will be phased
in over.
ADJOURNMENT
There being no further business Mayor Dallas adjourned the meeting at 6:05 p.m.

APPROVED:

ATTEST:

________________________
Steve G. Dallas, Mayor

_______________________
Ashlee Wright, City Cler

MINUTES
CITY COUNCIL REGULAR MEETING
CARMEL-BY-THE-SEA
TUESDAY, AUGUST 2, 2016
Mayor Dallas called the meeting to order at 4:30 p.m.
ROLL CALL
Present:

Councilmembers Hardy, Richards, Theis, and Mayor Dallas

Absent:

Councilmember Reimers

Staff:

Chip Rerig, City Administrator

Don Freeman, City Attorney
Mike Calhoun, Public Safety Director
Ashlee Wright, City Clerk
Gaudenz Panholzer, Fire Chief
Marc Wiener, Interim Community Planning and Building Director
Maxine Gullo, Human Resources Manager
Janet Bombard, Library and Community Activities Director

Marc Wiener, Interim Community Planning and Building Director led the pledge of allegiance.
EXTRAORDINARY BUSINESS
At the request of the Mayor Item 8 was moved from Orders of Business to Extraordinary Business.
Item 8:

AB 1163 Receive a detailed report from the Centennial Committee regarding the logistics of the
Centennial parade, birthday luncheon and street dance; discuss City Council and City Board and
Commission participation in the parade; and provide direction.

Sue McCloud, Tom Brocato, and Barbara Livingston provided an update on Centennial Committee activities.
Public Comment:
The following members of the public spoke: Hugo Ferlito
---End Public Comment--Council discussion followed.
PUBLIC APPEARANCES
The following members of the public spoke: Hugo Ferlito, Mike Brown, members of the Carmel High School
debate team, Barbara Livingston, Richard Kreitman, and Joaquin Turner.
---End Public Appearances--City Administrator Chip Rerig responded to questions or issues raised by the public. Mayor Dallas directed staff
to return with an agenda item to disburse $1,000 to the Carmel High School debate team and $1,000 to the
Carmel Art Walk.

ANNOUNCEMENTS
Item A:

Announcements from Closed Session.

City Attorney Don Freeman announced that Council received updates on all Closed Session
Items and that the court ruled in favor of the City on Item E Simonelli v. City of Carmel-by-theSea, United States District Court Case No. C 13-1250 LB

Item B:

Announcements from City Council Members

Councilmember Richards reported on the Monterey County Convention and Visitors Bureau
meeting that he and Council Member Hardy attended. He also stated that his trailer was stationed
in the Safeway parking lot to accept donations for firefighters battling the Soberanes fire.
Mayor Dallas announced a fundraiser for the Mid-coast Fire Brigade to be held August 28, 2016
and stated that all were welcome to join him and others for a clean-up of downtown on
Saturday, leaving from City Hall and beginning at 9:00 a.m.

Item C:

Announcements from City Administrator

City Administrator Chip Rerig announced that no smoke-generating fires of any kind were
permitted on Carmel Beach due to the Soberanes fire.

Item D:

Announcements from City Attorney None

CONSENT CALENDAR
Action: Upon a motion made by Mayor Dallas, seconded by Mayor Pro Tem Theis, Council approved the
Consent Agenda as follows, with the exception of Item 3 Monthly Reports:
Item 1:

Amended minutes for the June 7, 2016 regular meeting, and minutes for the July 11, 2016 special
meeting and July 12, 2016 regular meeting. Approved, 4:0:1 (Councilmember Reimers absent)

Item 2:

Check Register for June. Approved, 4:0:1 (Councilmember Reimers absent)

Item 4:

AB 1159 Consideration of a resolution to approve a cooperative purchasing agreement for tree

maintenance and award a contract to West Coast Arborists, Inc. in an amount not to exceed
$122,000. Adopted resolution 2016-051, 4:0:1 (Councilmember Reimers absent)

Item 5:

AB 1160 Consideration of a resolution authorizing 1. a Centennial Celebration street dance on

Dolores Street on October 29, 2016 between 5:00 p.m. and 8:00 p.m., 2. the closure of Dolores
Street between Ocean and 7th Avenues, 3. the sale of beer and wine at the dance, 4. the
installation of a stage, fencing and other structures on the site, and 5. the playing of amplified
music during the dance. Adopted resolution 2016-052, 4:0:1 (Councilmember Reimers
absent)

Item 6:

AB 1161 Ratification of an appointment to the Forest and Beach Commission.

Ratified 4:0:1 (Councilmember Reimers absent)

Item 7:

AB 1162 Consideration of a Resolution authorizing the City Administrator to Execute an

Agreement with GM Engineering for Audio Visual Design and Project Management Services in
an amount not to exceed $26,500. Adopted resolution 2016-053, 4:0:1 (Councilmember
Reimers absent)
Council considered Item 3: Monthly Reports for June.
Fire Chief Gaudenz Panholzer responded to Council questions and provided clarifications.
Public Comments - None
Action: Upon a motion by Mayor Pro Tem Theis, seconded by Councilmember Hardy, Council moved to accept
the Monthly Reports for June. Accepted, 4:0:1 (Councilmember Reimers absent)
ORDERS OF BUSINESS
Item 9:

AB 1164 Provide direction to the Planning Commission to study Municipal Code Title 17.14
(Commercial Zoning Districts) in order to evaluate if amendments should be made to require a
Conditional Use Permit for certain land uses.

Marc Wiener, Interim Community Planning and Building Director provided the staff report.
Public Comment
The following members of the public spoke: Ken, Richard K., and Barbara Livingston.
---End Public Comment--Marc Wiener, Interim Community Planning and Building Director responded to questions and provided
clarifications.
Council discussion followed.
Action: Upon a motion made by Councilmember Richards, seconded by Councilmember Hardy, Council directed
the Planning Commission to study Municipal Code Title 17.14 (Commercial Zoning Districts), consider
potential amendments to require a Conditional Use Permit for certain land uses, and bring back to
Council for review within 90 days. Approved, 4:0:1 (Councilmember Reimers absent)
PUBLIC HEARINGS
Item 10:

AB 1165 Adoption of an Ordinance of the City Council of the City of Carmel-by-the-Sea amending
chapters 17.08.040, 17.14.030, 17.64.190, 17.64.220, 17.68.040, of the Municipal Code in
accordance with state housing law.

Marc Wiener, Interim Community Planning and Building Director provided the staff report.
Public Comments None
Action: Upon a motion made by Councilmember Hardy, seconded by Mayor Pro Tem Theis, the Council moved
to waive reading in full and adopt on second reading an ordinance amending chapters 17.08.040,
17.14.030, 17.64.190, 17.64.220 and 17.68.040 of the Carmel-by-the-Sea Municipal Code in accordance
with state housing law. Adopted ordinance 2016-004, 4:0:1 (Councilmember Reimers absent)
Item 11:

AB 1166 Consideration of the adoption of an ordinance amending Sub-Section A. of Section

1.16.01 dealing with citing violations of the City's Municipal Code.

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City Attorney Don Freeman provided the staff report.

Public Comment
The following members of the public spoke: Vibeke Norgaard, Harry Finkle, Barbara Livingston, Richard
Kreitman, and Ian Martin.
---End Public Comment--City Attorney Don Freeman provided clarification and responded to questions pertaining to this item and about
protocol for first readings and second readings of ordinances and certain language contained in the staff
report. Council discussion followed.
Action: Upon a motion made by Councilmember Hardy, seconded by Mayor Pro Tem Theis, Council moved to
waive reading in full and adopt on second reading an ordinance amending Section1.16.01, Violations
and Penalties, of the Carmel-by-the-Sea Municipal Code by adding Sub-section1.16.01A. Adopted
ordinance 2016-005, 3:1:1 (Councilmember Richards opposed, Councilmember Reimers absent)
Item 13:

AB 1157 Consideration of an appeal of the Planning Commissions decision to deny the

reissuance of Design Review, Use Permit, and Coastal Development Permit applications for the
redevelopment of the Carmel Sands hotel located in the Service Commercial (SC) and MultiFamily Residential (R-4) Zoning Districts (New planning application case numbers: DR 14-36
and UP 14-20). NOTE: This item will be continued to a regular Council meeting, date
uncertain.

Action: Upon a motion made by Mayor Dallas, seconded by Councilmember Hardy, Council moved to
continue this item to return to Council within 60 days. Continued, 2:1:1:1 (Mayor Pro
Tem Theis recused herself from this item because she owns property within 500 feet,
Councilmember Richards opposed, Councilmember Reimers absent)
Item 12:

AB 1167 Consideration of Use Permit (UP 16-191) application for the establishment of a full-line
restaurant in an existing commercial building. The project site is located at the southeast corner
of Dolores Street and 7th Ave in the Service Commercial (SC) Zoning District.

Mayor Dallas and City Attorney Don Freeman recused themselves because they own property within 500 feet
and both stepped down from the dais. Attorney Brian Finnegan took City Attorney Don Freemans seat at the
dais.
Mayor Dallas called a recess at 6:17 p.m. Council resumed at 6:25 p.m.
Marc Wiener, Interim Community Planning and Building Director gave the staff report.
Council discussion and questions followed.
Applicant Fred Kern, owner of 7th and Dolores spoke.
Public Comments
The following members of the public spoke: Mike Brown, Jonathan Sapp, Martha Webster, Rich Pepe, Cameron
Downey, Dave Mosley, David Fink, Barbara Livingston, Gaston Georis, Rob Profeta, Ken, Richard Kreitman,
Jay Dolata, and Bob Profeta.
---End Public Comment---

11

Council discussion followed. Applicant Fred Kern responded to Council questions.

Action: Upon a motion made by Councilmember Hardy, seconded by Councilmember Theis, Council moved to
remand this application back to the Planning Commission with specific direction to consider: the
design compliance with a full-line restaurant, including doing away with the display counter, moving
some of the seating from outside to the interior; that the use permit will allow a certain number of foodrelated events per year, including community education classes, demonstrations; and that Use Permit
12-20 and Use Permit 15-282 will be revoked, and Use Permit 14-19 will stand. Remanded, 3:1:1
(Mayor Dallas recused himself from this item because he owns property within 500 feet,
Councilmember Reimers absent)
FUTURE AGENDA ITEMS
-

Management of Ambulance Contract

ADJOURNMENT
There being no further business Mayor Dallas adjourned the meeting at 8:40 p.m.

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